P N THAKUR Vs. HANS CHARITABLE HOSPITAL

JUDGEMENT

(1.) THIS is an original complaint filed by Mr. P.N. Thakur, Complainant No.1 and Smt. Durga Devi, Complainant No.2, who are the father and mother respectively of the deceased Jai Dev Kumar. Opposite party No. 1 is a Charitable Hospital, managed by through its Chairman of the Board of Trustees Shri K.L. Hans, opposite party No.2 is the Junior R.M.O. of opposite party No.1 Dr. Rehan, opposite party No.3 is Dr. Kapil Sood, a Physician and opposite party No.4 is Dr. H.K. Singh, an ENT Specialist who are employed/ engaged by opposite party No.1 and working for opposite party No.1.

(2.) PROF . P.N. Thakur and his family living in District Munger, Bihar, their son Shri Jai Dev Kumar, youngster aged 23 was staying in Delhi alongwith his brother Shri Jai Kishan Kumar. The said Jai Dev Kumar did his M.A. from Delhi University and also his B.Ed. from Lal Bahadhur Shastri University and the Complainants averred that he was preparing for competitive examinations conducted by the Service Commission. On 19.10.1996, the said Jai Dev Kumar was taken by his brother Jai Kishan Kumar to the OPD of Hans Charitable Hospital as he was suffering from fever. He was treated in the OPD by O.P.No.2, Dr. Rehan, who ordered the test for malarial parasite. The test was negative for malarial parasite and he was given some medicines by Dr. Rehan.

(3.) A postmortem was conducted by the Sr. Chief Medical Officer of the Civil Hospital, Delhi on 23.10.1996. The report states that Jai Dev Kumar"s death was due to choking consequent to aspiration of blood in the airway (from nasal bleeding). The postmortem report further contained a remark as follows: